Topic 02 of 5 · Chapter 11 · Indian Polity
Centre-State Legislative Relations — Three Lists
Union List, State List, Concurrent List, residuary powers, and Parliament’s power to legislate on State List subjects.
📋 In This Article
1. The Three Lists (7th Schedule)
The 7th Schedule of the Constitution divides legislative powers between the Centre and States through three lists:
| List | Subjects | Who Can Legislate | Examples |
|---|---|---|---|
| Union List | 100 (originally 97) | Parliament only | Defence, Foreign Affairs, Banking, Railways, Atomic Energy, Currency, Citizenship |
| State List | 61 (originally 66) | State Legislatures only (normally) | Police, Public Health, Agriculture, Land, Local Government, Prisons |
| Concurrent List | 52 (originally 47) | Both Parliament and State Legislatures | Education, Marriage, Forests, Criminal Law, Civil Procedure, Bankruptcy, Drugs |
⭐ Exam Fact: The Concurrent List was borrowed from the Australian Constitution. In case of conflict between a Union law and a State law on a Concurrent List subject, the Union law prevails (Article 254). However, if the State law was reserved for the President’s assent and received it, the State law prevails in that State.
2. Conflict Between Lists
- Union List vs State List: Union law prevails
- Union List vs Concurrent List: Union law prevails
- Concurrent List — Union vs State: Union law prevails (Article 254), UNLESS the State law was reserved for President’s assent and received it
💡 Key Idea: The doctrine of “pith and substance” is used to determine which list a law belongs to. If the pith and substance (main purpose) of a law falls under one list, it is valid even if it incidentally touches another list.
3. Residuary Powers
Residuary powers (subjects not in any list) vest with Parliament (Article 248). This is a unitary feature — in the USA, residuary powers are with the States.
✅ Remember: Residuary powers from Canada. In Canada, residuary powers also vest with the federal government (Centre). This is different from the USA where residuary powers are with the States.
4. Parliament’s Power to Legislate on State List
Parliament can legislate on State List subjects in the following circumstances:
| Article | Circumstance | Condition |
|---|---|---|
| Article 249 | National interest | Rajya Sabha passes resolution by 2/3 majority; valid for 1 year (extendable) |
| Article 250 | During National Emergency | National Emergency proclaimed under Article 352 |
| Article 252 | Two or more States request | Two or more State Legislatures pass resolutions requesting Parliament to legislate |
| Article 253 | International agreements | To implement international treaties, agreements, or conventions |
⭐ Exam Fact: Article 249 is an exclusive special power of Rajya Sabha — it can authorize Parliament to legislate on State List subjects in national interest. This reflects Rajya Sabha’s role as the representative of States.
5. Key Points for Exam
🔑 Must-Remember Facts
- Union List: 100 subjects (originally 97)
- State List: 61 subjects (originally 66)
- Concurrent List: 52 subjects (originally 47)
- Concurrent List borrowed from Australia
- Residuary powers: With Centre (Article 248)
- Residuary powers concept from Canada
- Conflict — Concurrent List: Union law prevails (Article 254)
- Article 249: Rajya Sabha resolution → Parliament can legislate on State List
- Article 250: During National Emergency
- Article 252: Two or more States request
- Article 253: International agreements